DWN 4381

Doubts
SRIRAM LAW ACADEMY Corner

www.sriramlawacademy.com
Legal
Reasoning
Hi Students,
We are pleased to publish in this column the doubts raised by our Sriram students
on Legal Reasoning and the clarification provided by our professors to the same.
It will be beneficial for you to go through this section and understand the
concepts better.
Best wishes,
Team Sriram
1. Doubt raised by Gitika Singh, Lucknow

The law of limitation bars remedy but does not extinguish rights.' I searched internet, but was
unable to find anything relevant to the concept. Please explain.
Reply from our Professor:
The law of limitation bars remedy but does not extinguish rights. It means that when the limitation
period is over, the aggrieved person loses his right to approach the court for remedy, thus limitation
Act bars the remedy.
However, limitation Act does not speak about destroying the right of a person. Thus, the aggrieved
person has a right to receive the sum he had lent to a debtor (if it is returned by the debtor voluntarily),
which could not be recovered through court as it had been barred by limitation Act.
We all know practically that right without remedy is useless, thus the limitation Act by barring the
remedy makes a person's legal right absolutely redundant.
2. Doubt raised by Divya Pandey, Patna

What exactly is a Benami transaction? How is it actually illegal?
A Benami transaction is one where a sale or purchase is made in the name of someone other than the
actual vendor or purchaser. A person whose name appears in the transaction is not the real owner and
the name is used to conceal the real owner. X using his funds buys a property in a relative’s name to
avoid coming under the tax net and with a private understanding with his relative that the property is
only for X. Since the transaction is done with a view to hoodwink the authorities, it is illegal. However,
today, such transactions are few in number because most loopholes in law have been plugged.
3. Doubt raised by Srishtika Khanna, New Delhi

What does the term 'non-gratuitous act' mean?
Non – gratuitous act means an act which has to be paid for. It is not free. A gratuitous act is an act for
which the doer of the act does not expect payment. Ex; if you lend a book to a friend for a few days,
it is gratuitous, because you don’t charge reading charges. If you borrow a book from a library, it is
non- gratuitous, because you have to pay for it.
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4. Doubt raised by Shreya Srivastava, Bhopal
Difference between liquidated and unliquidated damages in simple words not bookish
languages.
Liquidated damages mean a genuine pre estimated (already agreed upon by both the parties) sum
of money that is payable by the party who broke / breached the contract to the aggrieved party. X
agrees to pay RS. 5,00,000 towards the price of the land he has agreed to purchase from Z. He agrees
that if he doesn't pay by the 21st of July, he will be a liquidated damages of Rs. 50,0000 to Z.
Unliquidated damages means a sum that would be awarded by the court to be paid by the defendant
who commits a tort on the plaintiff. Example: Municipal corporation keeps a sewerage tank open on a
road, and an old man falls into it. Here, the corporation will be directed by the court to pay a sum of
money as compensation to the injured old man. This sum of money is called unliquidated damages.
Thus, the difference between the two terms is that in the former, damages are decided by the parties
to the contract, whereas, in unliquidated damages are not ascertained by the parties. It is decided by
the court.
5. Doubt raised by Archit Gupta, Mumbai
What is the difference between 'culpable homicide' and 'murder'?
To decide whether a person should be convicted for murder or culpable homicide, if the
probability of death of the victim is higher, it is murder; however, if the probability of death
is lesser, then it is a case of culpable homicide. Example: A person driving rashly on the road
and hit a passerby who dies thereafter, it is a case of culpable homicide not amounting to murder.
Whereas, a person who goes to the victim’s house and shoots him down as a part of his pre-meditated
plan, it is a case of murder. In the second case, the probability of death is more than in the first
example. A detailed discussion on these topics is given in our Sriram Legal Reasoning the Module
– 1 under chapter “offences against human body “ dealt with under Indian Penal Code.
Read it thoroughly to understand this topic better.
6. Doubt raised by Ashutosh Bhatia, Pune
Are the terms 'defamation’, 'slander' and 'libel' same or differ?
Defamation is a general term and libel and slander are two forms of it. A detailed discussion on these
topics is given in our Sriram Legal Reasoning the Module – 2 on page number 46 under Law
of Torts. Go through it.
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7. Doubt raised by Mirza Ali, Mumbai
What is the meaning of 'jurisprudence'?
It is the science or philosophy of law. You will be studying this as a subject during your 5 year law
degree program.
8. Doubt raised by Saumya Chaturvedi, New Delhi
What is the difference between Parole and furlough?
Parole refers to a period of leave from imprisonment for a particular reason such as cases
of severe illness or death of any member of the prisoner’s family.
Furlough refers to leave of absence from duty granted to soldiers. However, it can also be
used in the context of temporary release from prison as in the case of “Actor Sanjay Dutt,
who is serving a jail sentence of a little less than 4 years after being convicted under the
Arms Act in 2013, was granted furlough -- a temporary leave of absence -- by the Yerwada
jail in Pune where he is lodged. The difference between the two is that Parole is granted for a
particular reason whereas, furlough is granted for no particular reason.
What is the difference between FIR and indictment ?
A First Information Report (FIR) is a written document prepared by police, when they receive
information about the commission of a cognizable offence.
A set of written criminal charges issued against a party, signed by a proper officer of the court,
accusing one or more persons with the commission of the offences.
The difference is self-explanatory.
9. Doubt raised by Tanvi Ranjan, Calicut
What is provided for in Article 18. What is mat by titles exactly and why the offence is not punishable?
Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are
not allowed to accept titles from a foreign State. Example:Titles like Rai Bahadurs and Khan Bahadurs
given by the British government have also been abolished.
However military titles such as Colonel, Brigadier etc can be accepted. There is no offence committed
and hence no punishment.
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10. Doubt raised by Pragya Jain, Jodhpur
Who is the current Comptroller and Auditor General? What are his functions?
The current CAG is Shashi Kant Sharma, he is responsible for audit of all receipts and expenditure of
Central Government and State Government.
What is Competition Commission of India?
Competition commission of India is responsible for the implementation of the Competition Act of 2002.
It is headed by Ashok Chawla. The objective of CCI is to play an overarching role as a market regulator
across all sectors with the focus on anti-competitive behaviour of enterprises that may distort
competition. In simple words, it ensures that companies do not bully each other and indulge in any act
that is likely to harm other companies.
11. Doubt raised by Parul Chaudhary, Navi Mumbai
When a certain Directive principle is breached, Is there punishment given to defendant? Like in In
Article 48A it provides for protection of wild life sanctuary and forests, So in Salman khan case he is
liable?
first, please understand that directive principles are applicable only against the Government.
These are all ideals, which central or state governments should give life to by making each directive
principle into a Law. For eg; Article 45 provides for free and compulsory education to children between
6 and 14 years. This directive principle is now made into a law called "Right to Education Act " The
directive principles are not enforceable against the Government in any court of law.
Salman Khan cannot be made liable under directive principle, however, action can be taken against him
under the Protection of endangered species etc.
12. Doubt raised by Aditya Pratap, Trivandrum
Can you please explain me "Mohd. Ahmed Khan Vs. Shah Bano Bagum" case?
This case has been briefly discussed in Sriram Legal Reasoning Module – 1 under Constitution under
chapter ‘Directive Principles”. A brief outline is provided below.
Shah Bano, a 62-year-old Muslim mother of five from Indore, Madhya Pradesh, was divorced by her
husband in 1978. She filed a criminal suit in the Supreme court of India, in which she won the right
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to alimony from her husband. However, she was subsequently denied the alimony when the Indian
Parliament reversed the judgement under pressure from Islamic orthodoxy.
The judgement in favour of the woman in this case evoked criticisms among Muslims some of whom
cited Quran to show that the judgement was in conflict with Islamic law. It triggered controversy
about the extent of having different civil codes for different religions, especially for Muslims in India.
This case caused the Congress government, with its absolute majority, to pass theMuslim Women
(Protection of Rights on Divorce) Act, 1986 which diluted the judgment of the Supreme Court and, in
reality, denied even utterly destitute Muslim divorcées the right to alimony from their former
husbands.
Who gave the doctrine ‘Rule of Law’ and is taken from which country?
Rule of Law is a concept propounded by A.V. Dicey in England
13. Doubt raised by Pallav Gupta, New Delhi
Page number. Question No 64, book - legal aptitude volume 2. In the question it is stated that the
occupier would be liable for an act done with reckless disregard. Keeping a ferocious dog without
proper monitoring does constitute as a reckless disregard on the part of the owner. Moreover, the
victim was a 12-year-old child and point 3 on page number 66 states that occupier must take reasonable
care to guard children against such dangers from which adults do not need any protection. The answer
to the question has been given as a) while according to me it should be c).
Re. your query about Q. no: 64 on pg. 68:
The principle to be applied is : Occupier+ wilful act/act done recklessly = liable to trespasser
The facts: There is no information in the facts to state that Jaspal acted with reckless
disregard OR WILFULLY. He had appointed a special attender, put up a board warning visitors.
however, the boy came inside Jaspal's premises looking for his ball and was attacked by the dog.
Thus, applying the given principle, Jaspal is not liable.

Option 'b' is WRONG, because you have arrived at it without applying the given principle. Jaspal is
not liable because he did not act recklessly and not because the boy was 12 years old.
WARNING : NOW, DON'T APPLY OTHER INFORMATION /KNOWLEDGE STUDIED IN OTHER CONTEXT
IN THIS PROBLEM, YOU WILL GO WRONG. YOU ARE TESTED FOR YOUR ABILITY IN APPLYING THE
GIVEN INFORMATION.
14. Doubt raised:
Six persons assembled on the platform of New Delhi Railway station and started fighting with each
other. The passengers got annoyed and felt disturbed. These six persons are guilty of
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a) unlawful assembly
b) rioting
c) affray
d) assault
Ans: c (Affray involves 2 or more persons fighting in a public place thus disturbing public peace)
15. Doubt raised:
Confession of an accused according to Cr. P.C.,1973 is irrelevant and inadmissible when made
a) In the custody of a police officer but in the immediate presence of a Magistrate
b) Before a Magistrate
c) At the time when he was drunk
d) In police custody, if it leads to the discovery of any fact.
Ans : c
16. Doubt raised:
Law of contract allows parties to

a) Make laws for themselves
b) Enforce contracts
c) None of the above
d) Both a) & b)
Ans : c (parties cannot make laws, that is the job of the MPs, they cannot enforce contracts, as that
falls within the court’s ambit )
17. Doubt raised:
When an offer is accepted by another party , it becomes

a) Proposal
b) Contract
c) Agreement
d) Promise
Ans: c ( since we don’t know whether the offer and acceptance are valid, we cannot term it a contract)
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18. Doubt raised:
'A' , 'B' , 'C' jointly promise to repay 'D' Rs 90000. Before the performance of the contract , C dies.
Here the contract
a) Becomes void on death of 'C'
b) Is valid agains 'A' and ' B' only
c) Is voidable at the option of 'A' and 'B'
d) Is valid against A , B and C's legal representatives.
Ans : d ( when a debtor dies, his obligation devolves on his legal representative)
19. Doubt raised:
Evergreening of Patents means

a) Granting patents in perpetuity
b) Granting patents for 100 years
c) Granting protection to incremental inventions having no substantial significance.
d) None of the above
Ans : c. (These refer to the tactics by the companies to extend the period of patent by bringing about
some incremental changes to the product.)
20. Doubt raised: [Answers are in bold letters]
What is true with members of parliament's immunity from arrest?

a) In civil cases while the legislature is in session, for 40 days before and after and in criminal cases
no arrest during parliament is in session.
b) In civil cases, while legislature is in session , 40 days before and after and in criminal
cases arrest can be made at any time (note: This privilege is available only in civil cases
and not in criminal cases)
c) Both of the above
Right to work in India is a

a) Directive principle
b) Fundamental Right (It is freedom to pursue any business, trade, profession subject to
certain conditions)
c) Constitutional duty
d) Not a fundamental right but it can be claimed after employment.
Presidential address is prepared by

a) Prime Minister and his cabinet
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b) Special Secretary to President

c) Minister of parliamentary Affairs
d) Infotmation & Broad Casting Minister
The new states can be created in the union of India by

a) Parliament by law (formation of new state does not require amendment to the
constitution, it can be done by ordinary legislative process)
b) Parliament by amending the constitution
c) none of the above
d) either a) or b)
Right to Education is a
a) Fundamental Right (Art. 21 A)
b) Legal Right
c) Directive principle of state policy
Which parliamentary committee is chaired by the members of opposition?

i) Public accounts committee ( since 1967, there is a convention that the chairman of this
committee is selected from the opposition.)
ii) Estimates committee
iii) Privileges committee
iv) Joint parliamentary committee
a) Both i) and ii)
b) Only i)
c) Only i) ii) iii) iv)
d) Only i) ii) iii)
The tenure of the parliament can be extended to a maximum of during emergency

a) 6 years
b) 7 years
c) 8 years
d) indefinitely (During the period of emergency, the term of lok sabha can be extended
for one year at a time for any length of time. However this extension cannot continue
beyond a period of 6 months after emergency has ceased.)
A joint sitting of Parliament cannot be undertaken in which if these situations?

a) Deadlock between the Lok Sabha and Rajya Sabha
b) Deadlock between President and Prime Minister
c) Deadlock within Rajya Sabha
d) none of the above
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21. Doubt raised:
In the facts, when Ghantewala sweetshop ordered sugar from ABC company, they never mentioned
the ABC company of their special situation that they want to make sweets for New Year, and needs
delivery before new year or any particular date. How come the ABC company would have known the
purpose of Ordering if Ghantewala didn't mention that at the time of ordering ?
Read the principle, don’t solve the problem blindly. It states that ‘time is of essence’. When a sweet
shop places order around Diwali time or New Year time, it is implied that sugar is required for making
bulk sweets as orders around that time will be heavy.
22. Doubt raised:
I am having a problem in vicarious liability . Not getting how to determine the course of employment
and to know whether the person is employee of other one or not and what is course of employment or
what is out of course of employment.
In the course of employment means, the employee is doing an act which is authorised by the
master or which falls within the scope of his employment.
For example, a driver has been asked to drop a client at the airport and get back to office. Now, while
driving back from the airport to the office, if he gives lift to his friend, he is doing an authorised act
(driving from airport to office) this is in the course of employment, but in an unauthorised
mode or manner (giving lift to a friend). Thus, the employer is liable for the act of the
employee, if the employee causes an accident.
Similarly, driving very fast or carelessly is within the scope of employment.
However, if an employee receives an amount in the office premises,from his friend for safe keeping
and the employee runs away from the office, the master is not liable. Why? Because, receiving
money from a friend for safe keeping is a NOT part of his job, so outside the scope of
employment.
23. Doubt raised:
What is misrepresentation?
When a person states certain things are true, but it turns out to be false, without an
intention to cheat, it is termed 'Misrepresentation". For example, a man inherits a study table
from his old uncle who has told him that it was a rose wood table. He now wants to sell it and advertises
it as rose wood table for sale. A buyer innocently buys it thinking that it is made out of rose wood. A
week, an antique dealer tells the buyer that the table is made out of teak wood and not rose wood.
The representation made by the seller is called misrepresentation. In fraud, there is an intention to
cheat, but in this case the seller has no intention to cheat.
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24. Doubt raised:
Legal principle: an act done by the consent of a person above 18 years is not an offence; provided
the offender did not cause death or grievous hurt.
Mere pecuniary benefit is not a "thing done for a person's benefit".
Factual situation: A, a poor man, is in dire need of money to pay off his money lenders. A
approaches X, a doctor, to operate on him to remove one of his kidneys so that he can donate it to the
needy people and earn money. The doctor explains to him the risks and thereafter proceeds to remove
his kidney. In the process, some complications develop and A develops an abdominal tumor. Is X guilty?
a) Yes, donating kidney for money is illegal and amounts to trafficking of organs
b) Yes, removing kidney for money is not an act protected by this exception.
c) No, X performed the operation with A's consent and fully explained to him the risks involved
d) No, X's act was done for A's benefit so that he can pay off the money lenders.
The right answer is 'b'. the act of removing the kidney is not covered by the exception, "for
the person's benefit".
option 'a’ is not covered by the legal principle, option 'd' is rejected straightaway, option 'c' is not the
correct answer, as removal of a functioning kidney could lead to major problems and an illegal act as
such by the doctor.
25. Doubt raised:
Can you please explain 1) the meaning of consideration 2) the difference between a void and a voidable
contract 3) what is exemplary damages
Consideration is the price paid for the promise of the other. Example: X a math tutor promises to give
tuitions to Y, now the fees paid by Y is the consideration for X to keep up his promise.
A void contact is not enforceable in any court, hence the term 'void'. Whereas, voidable contract can
be enforced at the option of the party whose consent was affected and not by the other. It happens in
cases where the consent of one party to the contract is not present. Example: A forces B to sell his
house for 5 lakhs, B is not happy to sell it, but is threatened by A to do so. This is a voidable contract.
Here, if B wants to avoid this contract, he can do so by getting the court to cancel the same.
Exemplary damages are those damages enforced by the court in order to punish a party and not
awarded to compensate the aggrieved party.
All the three concepts are discussed clearly in our Sriram module, go through it.
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26. Doubt raised:
LEGAL PRINCIPLE: Everyone is under a legal obligation to take reasonable care to avoid act or omission
which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he
should have in mind as likely to be affected by this act.
SITUATION: Krish, while driving a car at high speed in a crowded road knocked down a cyclist. The
cyclist died on the spot with a lot of blood loss. Lekha, a pregnant woman passing by, suffered from a
nervous shock, leading to abortion. Lekha filed a suit against Krish claiming damages.
Ma'am
I come to an understanding that the answer is A. But, I feel that this is a situation which Krish couldn't
have foreseen. I'd like to know the right answer.
a) Krish will be liable as he owed a duty of reasonable care to everybody on the road including Lekha.
b) Krish will not be liable, because he couldn't have foreseen Lekha suffering from a nervous shock
leading to abortion.
c) Krish will be liable to Lekha because he should have driven carefully.
The right answer is 'b'. Applying the given principle, Krish is liable for his rash driving to the cyclist
whom he knocked down. He is not liable to Lekha who merely saw the accident spot and suffered
nervous shock.
See, Krish could have only foreseen injuring someone on the road due to his rash driving, but could
not have foreseen somebody suffer from nervous shock on seeing his accident victim's blood stains.
Hope it is clear to you.
27.Doubt raised:
Explain the IX schedule of the Constitution

The Ninth Schedule was added to the Constitution by the First Amendment in 1951 along with
Article 31-B with a view to provide a “protective umbrella” to land reforms laws to save them from
being challenged in courts on the ground of violation of fundamental rights. Thus, if any government
feels that the law passed by them is violative of any fundamental rights and is likely to be struck down
by the Supreme Court, then they place it under the 9th schedule to escape from the SC scrutiny.
Here is an example:
The Haryana assembly passed a bill recently to provide 10% reservation in government jobs and
educational institutions to Jats and five other castes in the state.
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It will further increase the quota in the state to 67%, which is impermissible in view of the 1992
Supreme Court judgment in the Indira Sawhney case (Mandal case) prescribing a 50% ceiling.
The Manohar Lal Khattar government requested the Centre to include the Jat quota law in the Ninth
Schedule of the Constitution that provides a protective umbrella to laws placed in it.
28. Doubt raised:
Is Euthanasia legal in India?

Euthanasia is not legal in India. On 7 March 2011 the Supreme Court of India legalised
passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative
state. The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been
in a Persistent Vegetative State (PVS) until her death in 2015. The Parliament is yet to enact a law on
passive euthanasia. Active euthanasia is illegal in India.
29. Doubt raised:
What is Eminent Domain refer to?

Eminent Domain refers to the power of the Government to acquire a private property for public use by
the municipality or the state after giving compensation to the private owner. For example, to construct
an airport or a bridge, the government may acquire land belonging to private parties.
30. Doubt raised:
What is the key difference between Damnum sine Injuria and Injuria sine Damnum? Can
you give me other example than given in the module?
Injuria sine Damnum means violation of legal right without causing any harm, loss or
damage to the plaintiff. Injuria = legal injury (violation of legal right) damnum = damage
sine = without.
Example: X enters his neighbour’s(Y) land to pick his cricket ball which had fallen there. This entering
of X into his neighbour’s land =Trespass. By entering Y’s land, X does not cause any harm, loss or
damage to Y.
However, Y’s right of privacy and personal rights are affected by the trespass of X, hence it is a case
of Injuria sine Damnum and thus a tort!
Damnum sine Injuria means causing damage to the plaintiff without violation of his legal
right.
Example: A and B are running separate tailoring shops in the same shopping complex and are business
rivals. A in order to cause loss or damage to B, decides to lower his tailoring charges, appoints efficient
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tailors and also gives timely deliveries. As a result, customers flock A’s tailoring unit and B gets no
customers and after making losses, he is forced to shut down his unit. B files a suit against A, but the
court finds that A has not violated B’s legal right hence there is no Tort. it is a case of Damnum sine
Injuria
31.Doubt raised:
If a contract is made verbally, with all other criteria being fulfilled, would the contract be
valid? Source- Doubt after reading book.
good question.
Validity of a contract depends on the fulfilment of the ten essentials of contract listed in
our Sriram Module. A contract can be oral, in writing or even implied. In the last mentioned
case, you don't even have to open your mouth. Take for example, you step into a self - service
supermarket, the items displayed on the shelves is an invitation to offer for sale the goods. when you
pick up a few items and go to the cash counter, it is an offer made by you and finally the contract is
made when they accept your payment, and thus it is an implied contract which is valid.
However, written contracts are better because, you have evidence that can be used as proof in the
courts, therefore preferred over oral or implied contracts.
Thus oral contracts are indeed valid, but will be difficult to enforce in the court, as getting
evidence is tough.
32.Doubt raised:
What is meant by the term ‘Evergreening of patents” by Sai Preethi
"evergreening": making small changes to a drug, often when its patent is about to expire, in order to
gain a new patent that extends its manufacturer's control over it. Evergreening,” is referred to the
practice whereby pharmaceutical firms extend the patent life of a drug by obtaining additional 20-year
patents for minor reformulations or other iterations of the drug, without necessarily increasing the
therapeutic efficacy. However, it has become a practice in the pharmaceutical industry where on one
hand innumerable patients struggling to afford the high priced patented drugs, while on the other hand
innovators struggling to give immortal value to their creation.
Supreme Courts and other High courts often curb such practices indulged in by Pharma companies so
that common man can afford life - saving drugs.
Sriram Faculty Team
33. Doubt raised:
What is the meaning of ‘ad hoc’ ? by Rithvi Nilesh
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Ad hoc means for a specific purpose. Eg: Ad hoc judges were appointed to clear the back log cases. An
ad hoc team was appointed by the Government to study the new project.
34.Doubt raised by Tanvee:

In what situation in the master- servant relationship is the master liable for servant's
wrongful act in the context of ,act outside course of employment?
For example, the difference between the Twine vs Beans Express ltd where the master
wasnt held liable and Conway vs George Wimpley & Co. Ltd where the master was held
liable. What is the major difference between the two cases ?
Read the two cases carefully and you will realize that the judgment in both cases was the same, the
master was NOT liable for the act of the servant as the act of giving lift to outsiders is
considered by English courts an an act outside the scope of employment.
Master is not liable for the acts of a servant if it is done outside the scope of employment in any
situation.
35.Doubt raised:
What is the difference between contingency fund and consolidated fund?
Contingency Fund as the very word suggest is for an emergency expense, ex; floods in a
state. It is created as an imprest account to meet some urgent or unforeseen expenditure of the
government. This fund was constituted by the government under Article 267 of the Constitution of
India. This fund is at the disposal of the President.Any expenditure incurred from this fund requires a
subsequent approval from the Parliament and the amount withdrawn is returned to the fund from the
Consolidated Fund.
Consolidated Fund of India is the most important of all government accounts. Revenues received
by the government and expenses made by it, excluding the exceptional items, are part of the
Consolidated Fund.This fund was constituted under Article 266 (1) of the Constitution of India. All
revenues received by the government by way of direct taxes and indirect taxes, money borrowed and
receipts from loans given by the government flow into the Consolidated Fund of India.All government
expenditure is made from this fund, except exceptional items which are met from the Contingency Fund
or the Public Account. Importantly, no money can be withdrawn from this fund without the Parliament's
approval.
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36. Doubt raised by Mahima:
What is a promissory note?
A promissory note is a
written, signed, unconditional promise to pay a certain amount of money on demand at a specified
time.
A written promiseto pay money that is often used as a means to borrow funds or take out a loan.
It is a negotiable instrument, usually given by a debtor when he takes a loan from a creditor. "I promise
to pay on demand Mr. Robert a sum of Rs. 50,000/ only".
37. Doubt raised by Divasha:
Will a minor be obliged to return any kind of consideration arising out of a contract entered
into by misrepresenting his/her age?
First, a contract with a minor is void. In case of a fraudulent misrepresentation of his age by the minor
inducing the other party to enter a contract, the court may direct the minor to return the money or
property to the other party if such money or property is still in the hands of the minor. If the minor has
spent all such money, neither he nor his parents can be asked to compensate the other party.
38. Doubt raised:
What is the difference between 'Theft' and 'Conversion'? Are all Thefts Conversions?
Both are very different. Firstly, theft is a crime and has a very exhaustive definition wider than that of
conversion. Conversion is a tort and its definition is a little different from theft. both the concepts have
been dealt with in our module, go through the same.
39. Doubt raised:
Does Injuria sine Damnum mean that there is injury without damage only? Or, does it also
include injury where damage is done to the plaintiff?
Injuria sine Damnum means violation of legal right without causing any harm, loss or
damage to the plaintiff. Injuria = legal injury (violation of legal right) damnum =
damage sine = without.
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Example: X enters his neighbour’s(Y) land to pick his cricket ball which had fallen there. This entering
of X into his neighbour’s land =Trespass. By entering Y’s land, X does not cause any harm, loss or
damage to Y.
However, Y’s right of privacy and personal rights are affected by the trespass of X, hence it is a case
of Injuria sine Damnum and thus a tort!
Damnum sine Injuria means causing damage to the plaintiff without violation of his legal
right.
Example: A and B are running separate tailoring shops in the same shopping complex and are
business rivals. A in order to cause loss or damage to B, decides to lower his tailoring charges, appoints
efficient tailors and also gives timely deliveries. As a result, customers flock A’s tailoring unit and B
gets no customers and after making losses, he is forced to shut down his unit. B files a suit against A,
but the court finds that A has not violated B’s legal right hence there is no Tort. it is a case of Damnum
sine Injuria
40. Doubt raised by Richa Singh:
How we will understand "the act is outside the course of employment"?
If the act done by the servant is not connected to the job he has been appointed for, then it is a case
of the act is outside the course of employment. In other words, when a servant does any act which is
not in the course of master’s business, the same is deemed to be outside the course of employment.
In State Bank Vs. Shyama Devi’s case, the plaintiff gave cash to her husband’s friend who was a cashier
in the said bank to be deposited in her account. Here, the cashier doing something outside the course
of employment, because the bank had not told him to collect money from customers outside the bank.
41. Doubt raised:
In the book Legal Aptitude 1 Page No. 92(Indian Contract Act) Question 3 answer given in the book is
b. In the given case, Taradevi replied to Zaverilal that she was not bothered about the period to which
the jar belonged. However, Zaverilal had said that the jar belonged to Hoysala period and was almost
unbreakable. Thus, Taradevi ,as implied, agreed only for the jar being unbreakable and not of its period.
However, the jar broke. Therefore, Zaverilal must compensate.
Always remember that correct answer to a question will depend only on the given principle.
In Q. no 3: The principle is about identity of minds, i.e. both the parties understanding the
same thing in the same sense.
Though the shop keeper told Tara devi that the vase was of antique value and unbreakable, she told
him that she did not care about those facts and was buying it only because she was captivated
by its beauty. Therefore those two facts were not considered by Tara Devi, while making the
purchase. Rather, she did not buy it because of these two reasons, hence when the statements proved
false, there is no obligation for the shop keeper to compensate her. Thus there was no meeting of
16
Doubts
Legal
Reasoning
minds with regard to antique value as well as the unbreakable nature of the vase. Hence, shop keeper
need not compensate her.
42. Doubt raised:
What does Arbitration and Conciliation mean?
CONCILIATION / MEDIATION are often terms used interchangeably. It is a confidential, voluntary

and private dispute resolution process in which a neutral person helps the parties to reach a
negotiated settlement. This method provides the parties with an opportunity to negotiate, converse
and explore options aided by a neutral third party, the conciliator, to exhaustively determine if a
settlement is possible.
Arbitration : The settling of disputes (especially labor disputes) between two parties by an
impartial third party, whose decision the contending parties agree to accept.
Since courts are flooded with too many cases and time taken for judgement has also
increased, litigants are preferring to solve their legal issues using Arbitration or Conciliation.
42. Doubt raised:
Legal Aptitude Vol-1, 2016 Edition - Indian Contract Act Question 3 (pg-92) and Question 24(pg-126)
have almost the same question but different answers. So can you please explain why this is so? Thank
you.
The facts given are more or less the same in both the questions, however, the principle is different as
well as the options.
Always remember that correct answer to a question will depend only on the given principle.
In Q. no 3: The principle is about identity of minds. Though the shop keeper told Tara devi that the
vase was of antique value and unbreakable, she told him that she did not care about those facts and
was buying it only because she was captivated by its beauty. Therefore those two facts were not
considered by Tara Devi while making the purchase. Rather, she did not buy it because of these two
reasons, hence when the statements proved false, there is no obligation for the shop keeper to
compensate her.
In Q. no : 24, the principle is about fraud, which is defined as a false statement made by one party
which he thinks the other party will depend on to make the decision.
Since the shop keeper told Ms. Anand that the vase was unbreakable, but it later on broke, it is a case
of fraud. Hence option 'a' is right in the light of the given principle.
17
Doubts
Legal
Reasoning
43. Doubt raised:
I have a few doubts in the legal aptitude book Volume 2.

Anticipatory bail: When a person is not even arrested yet how can bail be issues?
When any person fears that there is a move to get him arrested on false charges, or due to
enmity with someone, or he fears that a false case is likely to be built up against him. He has
the right to move the Court of Session or the High Court under section 438 of the code of
Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit,
direct that in the event of such arrest, he shall be released on bail. This is common among
politicians or famous and influential persons.
44. Doubt raised:
What is the difference between culpable homicide and murder and how all murder is
culpable homicide but not vice versa?
To decide whether a person should be convicted for murder or culpable homicide, if the
probability of death of the victim is higher, it is murder; however, if the probability of death
is lesser, then it is a case of culpable homicide. Example: A person driving rashly on the road
and hit a passer-by who dies thereafter, it is a case of culpable homicide not amounting to murder
(Why? Because, the probability of causing death is lesser than taking a gun to a victim’s
house and shooting him from a point blank distance). Whereas, a person who goes to the
victim’s house and shoots him down as a part of his pre-meditated plan, it is a case of murder. In the
second case, the probability of death is more than in the first example.
Every murder is culpable homicide, but the reverse is not true. For a culpable homicide to
become murder, following combinations are required.
1.Intention to cause death+ Actus reus(physical act) = DEATH
2.Doing an imminently dangerous act +having knowledge that the act will in all probability will result
in death+ no lawful excuse = DEATH
3. Intentional injury + high probability to cause death = DEATH
Thus the punishment for culpable homicide is lesser as compared to a murder.
A detailed discussion on these topics is given in our Sriram Legal Reasoning the Module – 1 under
chapter “offences against human body “ dealt with under Indian Penal Code. Read it
thoroughly to understand this topic better.
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Doubts

SRIRAM LAW ACADEMY Corner

1. Doubt raised by Gitika Singh, Lucknow

Reply from our Professor:

2. Doubt raised by Divya Pandey, Patna

Reply from our Professor:

3. Doubt raised by Srishtika Khanna, New Delhi

Reply from our Professor:

4. Doubt raised by Shreya Srivastava, Bhopal

Reply from our Professor:

5. Doubt raised by Archit Gupta, Mumbai

What is the difference between 'culpable homicide' and 'murder'?

Reply from our Professor:

6. Doubt raised by Ashutosh Bhatia, Pune

Are the terms 'defamation’, 'slander' and 'libel' same or differ?

Reply from our Professor:

7. Doubt raised by Mirza Ali, Mumbai

What is the meaning of 'jurisprudence'?

Reply from our Professor:

8. Doubt raised by Saumya Chaturvedi, New Delhi

What is the difference between Parole and furlough?

Reply from our Professor:

What is the difference between FIR and indictment ?

Reply from our Professor:

9. Doubt raised by Tanvi Ranjan, Calicut

Reply from our Professor:

10. Doubt raised by Pragya Jain, Jodhpur

Reply from our Professor:

What is Competition Commission of India?

Reply from our Professor:

11. Doubt raised by Parul Chaudhary, Navi Mumbai

Reply from our Professor:

12. Doubt raised by Aditya Pratap, Trivandrum

Reply from our Professor:

Reply from our Professor:

Rule of Law is a concept propounded by A.V. Dicey in England

13. Doubt raised by Pallav Gupta, New Delhi

Reply from our Professor:

Re. your query about Q. no: 64 on pg. 68:

Thus, applying the given principle, Jaspal is not liable.

14. Doubt raised:

Reply from our Professor:

15. Doubt raised:

16. Doubt raised:

Law of contract allows parties to

Reply from our Professor:

17. Doubt raised:

When an offer is accepted by another party , it becomes

Reply from our Professor:

18. Doubt raised:

Reply from our Professor:

19. Doubt raised:

Evergreening of Patents means

Reply from our Professor:

20. Doubt raised: [Answers are in bold letters]

What is true with members of parliament's immunity from arrest?

Right to work in India is a

Presidential address is prepared by

b) Special Secretary to President

The new states can be created in the union of India by

Which parliamentary committee is chaired by the members of opposition?

The tenure of the parliament can be extended to a maximum of during emergency

A joint sitting of Parliament cannot be undertaken in which if these situations?